QR&O: Volume III - Chapter 207 Compulsory Payments and Pay Allotments

Effective 1 january 2006, the official version of the QR&O is that published in PDF format on this website.

The consolidation of the QR&O is current as of 3 July 2019. The last modifications to the QR&O came into force on 30 March 2023.

The HTML version on this website is provided solely for the convenience of readers. Any discrepancies between the HTML and the official PDF version should be reported to the DSCS, Corporate Secretary.

Amendment List:

• 30 March 2023 – Title of Chapter 207 and headings before article 201.01 are replaced
• 30 March 2023 – replaced paragraph: 207.01(3)
• 30 March 2023 – replaced article: 207.02
• 30 March 2023 – added article: 207.025
• 30 March 2023 – replaced article: 207.03
• 30 March 2023 – repealed note to article: 207.03
• 30 March 2023 – replaced article: 207.031
• 30 March 2023 – repealed note to article: 207.031
• 30 March 2023 – new article: 207.032
• 30 March 2023 – new article: 207.033
• 30 March 2023 – new article: 207.034
• 30 March 2023 – new article: 207.035
• 30 March 2023 – replaced paragraph: 207.04(1)
• 1 September 2018 – subparagraph amended: 207.02(3)(e)

History:

• ARCHIVED – Historical version for the period of 1 September 2018 to 29 March 2023
• ARCHIVED – Historical version for the period of 1 April 1983 to 31 August 2018

(Refer carefully to article 1.02 (Definitions) when reading every regulation in this chapter.)

Section 1 – Compulsory Payments and Pay Allotments

207.01 – GENERAL CONDITIONS

(1) Subject to paragraph (2) and to the method of payment described in orders issued by the Chief of the Defence Staff, an officer or non-commissioned member may make voluntary allotments of pay and allowances, referred to in the QR&O and CBI as “pay allotments”, by way of equal monthly payments as described in those orders.

(2) Compulsory payments take precedence over voluntary pay allotments.

(3) [Repealed]

(T) [T.B. 787246 effective 1 April 1983; T.B. 829184 effective 1 September 2001 - (1); T.B. 840843  effective 30 March 2023 – (3) is repealed]

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Section 2 – Compulsory Payments

207.02 – EFFECT OF THE GARNISHMENT, ATTACHMENT AND PENSION DIVERSION ACT

Section 15 of the Garnishment, Attachment and Pension Diversion Act provides:

“15 In respect of pay and allowances payable to members of the Canadian Forces, Her Majesty is bound by provincial garnishment law to the extent, in the manner, and subject to the terms and conditions that may be provided by or under regulations made under the National Defence Act.”

(T) [T.B. 829184 effective 1 September 2001; T.B. 838621 effective 1 September 2018 – (3)(e), (3)(e)(iii) and (3)(e)(iv); T.B. 840843 effective 30 March 2023 – 207.02 is replaced]

207.025 – INTERPRETATION

(1) The following definitions apply in this section.

debtor in respect of a garnishee summons, means the officer or non-commissioned member whose pay and allowances are sought to be garnished. (débiteur)

garnishee summons has the same meaning as in section 4 of the Garnishment, Attachment and Pension Diversion Act. (bref de saisie-arrêt)

(2) For the purposes of this section, “order”, “provincial enforcement service” and “provincial garnishment law” have the same meaning as in section 2 of the Garnishment, Attachment and Pension Diversion Act.

(T) [T.B. 840843 effective 30 March 2023]

207.03 –SERVICE BINDS

(1) Service of a garnishee summons, together with a copy of the order against a debtor and an application containing the information set out at article 207.031, binds His Majesty 15 days after the day on which those documents are served.

(2) The commanding officer of the debtor or, in the event of the absence or incapacity of the commanding officer, the commanding officer’s superior officer, must order the compulsory payment from the pay and allowances of the debtor as soon as the circumstances permit from the time His Majesty is bound by the service.

(3) A garnishee summons served on His Majesty is of no effect unless it is served on His Majesty in the first 45 days following the first day on which it could have been validly served.

(G) [P.C. 1983-5/1000 effective 1 April 1983; P.C. 2023-4795 effective 30 March 2023 – 207.03 is repealed]

(T) [T.B. 840843 effective 30 March 2023]

(M) [1 April 1983; Note to article 207.03: repealed on 30 March 2023]

207.031 – APPLICATION

(1) An application referred to in paragraph 207.03(1) must contain the following information:

(a) about the debtor:

(i) their name;

(ii) their date of birth, if known,

(iii) their service number, if known,

(iv) their most recent known address, and

(v) their base or unit, if known,

(b) about the garnishee summons:

(i) the name, city and province of the issuer,

(ii) if it is for maintenance, alimony or support, the periodic payment due, as well as the arrears due up to the application date including interest and costs, and

(iii) if it is for a debt other than maintenance, alimony or support, the amount due, including interest and costs to date,

(c) about the applicant:

(i) their name, address and telephone number, and

(ii) a declaration that the information given is correct.

(G) [207.031: P.C. 1983-5/1000 effective 1 April 1983 until 1 September 2001]

(T) [T.B. 829184 effective 1 September 2001; T.B. 840843 effective 30 March 2023 – 207.031 is replaced]

(M) [1 April 1983; Note to article 207.031: repealed on 30 March 2023]

207.032 – SERVICE

(1) Service of documents on His Majesty in connection with garnishment proceedings permitted by article 207.03 must be effected as follows:

(a) by mail or registered mail to the following address: 

Canadian Forces Garnishment Registry

Director of Pay Policy and Development

Director General Compensation and Benefits

National Defence Headquarters (Carling)

60 Moodie Drive, Building CC-8, Y10.03

Nepean, Ontario K2H 8G1;

(b) by email to DPPD_DPDS@forces.gc.ca; or

(c) by any other method of service permitted by the law of a province.

(2) Service is deemed to be effected

(a) in the case of service by any means of electronic communication, on the day on which it is received, unless it is received after 5:00 p.m. local time or on a day that is a Saturday or a holiday, in which case service is deemed to be effected the following day that is not a Saturday or a holiday; and

(b) in the case of service by mail or registered mail, on the day on which it is received by the Canadian Forces Garnishment Registry.

(T) [T.B. 840843 effective 30 March 2023]

207.033 – MONEYS BOUND BY SERVICE

(1) For the purposes of garnishment proceedings, service of a garnishee summons binds His Majesty in respect of the following amounts to be paid by His Majesty to the debtor named in the garnishee summons:

(a) the pay and allowances to be paid, no later than the last day of the second pay period following the pay period in which His Majesty is bound by the garnishee summons, and

(b) where the garnishee summons has continuing effect under the law of the province, the pay and allowances to be paid on the last day of each subsequent pay period.

(2) A garnishee summons for a maintenance, alimony or support obligation shall be honoured before any other garnishee summons.

(3) Where more than one garnishee summons for maintenance, alimony or support obligations is served in respect of the same debtor and the garnishable moneys payable to the debtor are insufficient to satisfy all the garnishee summonses, payment shall be made on a proportional basis.

(T) [T.B. 840843 effective 30 March 2023]

207.034 –RESPONSE TO A GARNISHEE SUMMONS

(1) His Majesty has 15 days after the last day of the second pay period next following the pay period in which His Majesty is bound by the garnishee summons within which to respond to a garnishee summons.

(2) His Majesty may respond to a garnishee summons by notice to the applicant indicating

(a) the debtor’s name,

(b) the file reference number assigned by the issuer of the garnishee summons,

(c) the amount being garnished, if any, and

(d) if applicable, the date on which garnishment was or will be interrupted or terminated and the reason for the interruption or termination.

(3) A payment into court by His Majesty is a good and sufficient discharge of His Majesty’s liability, to the extent of the payment. 

(4) If provincial garnishment law permits a payment to a provincial enforcement service of the province, a payment to the provincial enforcement service by His Majesty is a good and sufficient discharge of His Majesty’s liability, to the extent of the payment. 

(5) If, in honouring a garnishee summons, His Majesty, through error, pays to a debtor by way of pay or allowances an amount in excess of the amount that His Majesty should have paid to that debtor, the excess is a debt due to His Majesty by that debtor and may be recovered from the debtor by way of deduction from, or set-off or compensation against, future moneys payable to the debtor as pay or allowances. 

(6) If moneys are paid by His Majesty to or for the benefit of a party who instituted garnishment proceedings permitted by this Chapter in excess of the amount that should be paid to or for the benefit of that party, the excess is a debt due to His Majesty by that party and may be recovered from the party by way of deduction from, or set-off or compensation against, moneys payable to or for the benefit of that party under this Chapter. 

(T) [T.B. 840843 effective 30 March 2023]

207.035 – EXCLUSIONS FROM PAY AND ALLOWANCES 

(1) For the purposes of section 15 of the Garnishment, Attachment and Pension Diversion Act, the following amounts are excluded from a debtor’s pay and allowances:

(a) any contribution or payment required by law to be made out of the moneys payable to the debtor, including,

(i) Canada Pension Plan and Quebec Pension Plan contributions,

(ii) contributions required to be made under any Act listed in the schedule to the Garnishment, Attachment and Pension Diversion Act,

(iii) employment insurance contributions,

(iv) income tax payments, and

(v) federal and provincial statutory tax deductions;

(b) any amount that is a compulsory premium payment deducted from the moneys payable to the debtor for purposes of insurance or health care including,

(i) payments for a provincial medical care or hospital insurance plan,

(ii) payments for the Group Health Insurance Plan in respect of medical care or hospital insurance, where the debtor is serving outside Canada, and

(iii) payments for disability insurance under the Service Income Security Insurance Plan;

(c) any amount deducted under an Act of the Parliament of Canada other than garnishments in accordance with Part I of the Garnishment, Attachment and Pension Diversion Act;

(d) a compulsory deduction made under article 208.44 (Deductions for Provision of Medical Care and Dental Treatment for Dependants) or in relation to a mess subscription;

(e) a payment analogous to a payment of a foreign service premium, a post-differential allowance or a salary equalization factor on being posted abroad or at an isolated post; and

(f)  an amount, other than a post living differential for a posting in Canada, that is intended as an offset or a reimbursement to the debtor for expenses incurred by the debtor in the course of duties.

(2) For greater certainty, payments made as compensation for exposure to risks or to adverse conditions are not excluded from a debtor’s pay and allowances.

 (T) [T.B. 840843 effective 30 March 2023]

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Section 3 – Other Pay Allotments

207.04 – CHANGE AND STOPPAGE OF PAY ALLOTMENTS

(1) An officer or non-commissioned member must not be permitted to stop or change the amount of a voluntary pay allotment more frequently than once in three months, except:

(a) on change of normal place of duty; or

(b) upon any change in status affecting his pay and allowances; or

(c) when proceeding to sea on lengthy cruises; or

(d) in exceptional circumstances, with the approval of his commanding officer.

(2) When, in the opinion of the accounting officer, continuation of payment of the total amount of the pay allotments of an officer or non-commissioned member would create a debit balance in his pay account that might not be liquidated within a period of three months, the accounting officer shall stop or reduce any or all of his voluntary pay allotments.

(T) [T.B. 840843 effective 30 March 2023 – (1) is replaced]

207.05 – PAY ALLOTMENTS – PERSONNEL REPORTED MISSING, PRISONERS OF WAR OR INTERNED OR DETAINED BY A FOREIGN POWER

(1) For the purpose of this article, “dependent child” has the same meaning as in CBI 205.015 (Interpretation).

(2) This article applies when an officer or non-commissioned member is reported missing, a prisoner of war, or interned or detained by a foreign power.

(3) A board of officers appointed by the Chief of the Defence Staff shall examine all the pay allotments of an officer or non-commissioned member described in paragraph (2) and may, if any such action is desirable in the interests of the member or their dependants, recommend that a pay allotment

(a) be stopped, reduced, suspended or reinstated;

(b) that is in favour of a spouse or common-law partner or dependent child, be increased, reduced or remain unchanged; and

(c) be instituted in favour of a spouse or common-law partner or dependent child.

(4) In recommending a change in the amount of or in instituting a pay allotment, the board shall conform to the following rules:

(a) when an officer or non-commissioned member is married or in a common-law partnership, or is single and has a dependent child, the pay allotment

(i) to the spouse or common-law partner shall not be less than an amount equal to 20 days pay, or

(ii) in respect of a dependent child may not be less than the amount of the pay allotment in effect on the date of the report referred to in paragraph (2) or, if no pay allotment is in effect on that date, may be in the amount and payable to the person determined by the board;

(b) when a pay allotment is in effect to a bank or similar institution and the spouse or common-law partner of an officer or non-commissioned member has access to the account either in the spouse's or common-law partner's name or jointly with the member, or the pay allotment is for purposes that the spouse or common-law partner would otherwise be obliged to meet from the income of the spouse or common-law partner, the amount described in sub-subparagraph (a)(i) may be reduced by the amount of the pay allotment;

(c) when the spouse or common-law partner or the dependent children of an officer or non-commissioned member are suffering financial hardship, the pay allotment described in subparagraph (a) may be increased;

(d) when, on the date of the report referred to in paragraph (2), a pay allotment is in effect in excess of the amount described in subparagraph (a), it shall not be decreased except in exceptional circumstances;

(e) all pay allotments of an officer or non-commissioned member shall be stopped or reduced if, in consideration of the amount of the pay allotment directed under subparagraph (a), continuation of payment of the total amount of the pay allotments would create a debit balance in the member's pay account; and

(f) subject to this article, no pay allotment shall be increased and no new pay allotment shall be instituted under article 207.01 (General Conditions) after the date of the report referred to in paragraph (2) unless, while the officer or non-commissioned member was a prisoner of war or interned or detained by a foreign power, they communicate their authority for an increase or new pay allotment.

(5) Any changes in pay allotments recommended by the board in accordance with this article shall be effected under authority of the Chief of the Defence Staff.

(T) [T.B. 787246 effective 1 April 1983 - (4)(e); T.B. 829184 effective 1 September 2001 - (1), (3) and (4)]

[207.06 to 207.99: not allocated]